Smt. Sandhya Devi @ Sandhya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76226 of 2023 Arising Out of PS. Case No.-168 Year-2023 Thana- THAWE District- Gopalganj ====================================================== SMT. SANDHYA DEVI @ SANDHYA DEVI wife of Balmiki Thakur Village- Udant Rai ke bangra Ps- Thawe Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in a case in connection with Thawe P.S. Case No. 168 of 2023 dated 14.06.2023 registered for the offence/s punishable u/ss 420, 467, 468, 471, 406 and 409 of the Indian Penal Code.
4. As per the prosecution case, under the scheme of Mukhya Mantri Udyami Yojana, Industries Department, the loan of Rs. 8 lakh was sanctioned to the petitioner to purchase the machinery and to establish the project of bed-sheet/pillow cover.
Patna High Court CR. MISC. No.76226 of 2023(2) dt.02-12-2023 2/3 It is further alleged that for each project D.P.R. was provided to the petitioner for purchasing machinery to the extent of 25 % as deviation. It is further alleged that to establish the aforesaid project, Rs. ten lakh was provided to the petitioner in three installments. During the course of inspection, the vouchers were provided to the commercial Tax Department to verify and it was found that the alleged vouchers were not original and the amount mentioned in the voucher has been changed and shown as Rs. 2,51,340 in place of Rs. 73,920 by interpolation in the said voucher.
5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Learned counsel has further submitted that if any higher price of machine has been taken by any person by making interpolation in the invoice then the petitioner is the victim of the same and she has to pay the loan amount. It further submitted that the petitioner is paying the installment of loan according with law and without any delay. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.76226 of 2023(2) dt.02-12-2023 3/3 of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gopalganj in connection with Thawe P.S. Case No. 168 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T